CHAPTER 532

FORMERLY

HOUSE BILL NO. 706

AS AMENDED BY HOUSE AMENDMENTS NO. 1, 3 AND 4

AN ACT TO AMEND CHAPTER 65, PART IV, TITLE 11 OF THE DELAWARE CODE RELATING TO THE RETIREMENT OF CERTAIN PERSONS EMPLOYED WITHIN THE DIVISION OF ADULT CORRECTIONS; AND PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Subchapter IX, Chapter 65, Part IV, Title 11 of the Delaware Code, by re-designating present §6555 as new §6556, and redesignating each subsequent subsection accordingly.

Section 2. Amend Subchapter IX, Chapter 65, Part IV, Title 11 of the Delaware Code, by adding thereto a new §6555, which new section shall read as follows:

§6555. Retirement benefits

(a) Any person employed by the Division of Adult Corrections may be retired and shall receive a pension, payable monthly, in accordance with either one of the following classifications, the choice being made by the employee:

(1) an employee of the Division who has accumulated twenty years of credited service, or who has reached fifty-five years of age may receive a pension in an amount equal to one-half of the regular monthly salary received by such person at the time of retirement; provided, however, that such person shall have served ten years within the Division of Adult Corrections or its predecessors and shall have received hazardous duty pay for at least ten years of such service, or, in the case of a person whose ten years of service within the Division of Corrections or its predecessors includes any period prior to July 1, 1968, shall have received hazardous duty pay since July 1, 1968.

(2) an employee who has accumulated twenty-five years of credited service, or who has reached sixty years of age, shall receive a pension in an amount equal to one-half of the regular monthly salary received by such person at the time of retirement, plus an additional 2% of such salary for each year over twenty years of credited service he has accumulated; provided, however, that such person shall have served ten years within the Division of Adult Corrections or its predecessors and shall have received hazardous duty pay for at least ten years of such service or, in the case of a person whose ten years of service within the Division of Corrections or its predecessors includes any period prior to July 1, 1968, shall have received hazardous duty pay since July 1, 1968.

(b) The monthly amount payable to persons retired from the Division of Adult Corrections shall, on July 1 of each year, increase in accordance with the cumulative percentage increase in the national consumer price index of the previous calendar year, when that increase reflects a change in excess of two percent (2%). A cumulative percentage decrease in any calendar year shall not result in any deduction in the pension rate; however, before any increases shall become effective in subsequent years, the national consumer price index must rise at least two percent (2%) in excess of its level at the time of the last previous increase in benefits.

(c), Persons employed by the Division of Adult Corrections who have not served within the Division for a period of ten years as required in subsection (a) above, or who are not otherwise qualified for the benefits enumerated in subsection (a) shall be entitled to and receive retirement benefits in accordance with the Merit System of Personnel Administration.

Section 3. The provisions of this Act shall not affect any of the rights, duties and privileges of any person employed by the Division of Adult Corrections on the effective date of this Act.

Section 4. This Act shall be effective January 1, 1975.

Approved July 26, 1974.